Dr Obey Nhiwatiwa, who was the doctor on call at the Walvis Bay state hospital on the day Nghinamwaami was admitted, states in papers filed with the court that he intends to testify that after certifying the death of the baby he was informed by the nurses that “the mother was fine and I proceeded to attend to other patients and duties as the doctor on call at the time”.
Regardless of how much you want to be the one selected to do the procedure, that's the patient's choice not yours. I think it's smart to look into a physician's background before selecting them to do surgery. I would want to know how much experience you have or if there had been malpractice issues. Patients are the ones paying and taking the risks. They get to decide how much risk they're willing to take -not the physician. If you refuse to answer the questions, which I do believe is your right, then it lets the patient decide what to do next - either get on the medical board website and see if anything has been reported, talk to more people, find another physician who doesn't mind answering the questions, etc.
In the past, a lawyer acting for a wronged patient might have advised his or her client first to report the matter to the Health Professions Council of South Africa (HPCSA), the professional body mandated to register health professionals and ensure practitioners are fit to practise, before proceeding with a civil case in the courts. Even though the HPCSA does not have the power to arbitrate on compensation, the rationale was that an HPCSA ruling and censure of the doctors concerned would improve the chances of a patient succeeding in a civil case.
The terms negligence and malpractice are often used interchangeably. Strictly speaking, negligence is a failure to “exercise the care that a reasonably prudent person would exercise” in similar circumstances. Medical malpractice, according to Andre Calitz, the chief operating officer for personal injury law practice Joseph’s Incorporated in Johannesburg, is an evaluation of conduct measured against a standard of medical care established by the medical fraternity.
Ex.: Texas has a two-year statute of limitations for medical malpractice cases, and has adopted the continuous treatment rule. If a doctor in Texas causes an injury during surgery, and continues to treat the patient for that injury for 4 more years, then the statute of limitations does not begin to run until the doctor has completed treatment. So, the patient in this example has a total of 6 years to file a lawsuit after the injury was inflicted.
Whether a judge will conclude the case involves professional medical negligence or simply “standard” negligence is sometimes difficult to discern ahead of time. For example, if a medical technician leaves a guardrail too loose on a patient’s bed, is that professional medical negligence or standard negligence? Different courts have answered similar questions in different ways.
I think the pressures and workloads on some local surgeries are becoming intolerable owing to a variety of factors. Anecdotal evidence seems to suggest that this explains the significant rise in patients and minor casualties presenting at A&E. In Norfolk, private medical care in independent hospitals, via day procedures and a standard menu of mainly orthopaedic treatments, appears to be booming and that trend must be attracting qualified personnel away from NHS service [although some of them also act as NHS consultants for part of their actual patient contact time].
There was a violation of the standard of professional conduct - The law acknowledges that there are certain legal standards that are recognized by the profession as being acceptable conduct. These standards of professional conduct are largely determined by the ethics rules of the state bar association. Attorneys have an obligation to their clients and the bar to operate within these standards. Clients have the right to expect attorneys will follow the law, behave in an ethical and honest manner, act in the best interests of their clients with integrity, diligence and good faith, and will execute their matters at a level of competency that protects their legal rights. Lawyers must also maintain and supply clients with full and detailed reports of all money and/or property handled for them. Finally, attorneys must not inflict damage on third parties through frivolous litigation or malicious prosecution. If it is determined that the standards of professional conduct have been violated, then negligence may be established.
I tried to make an appointment with my GP only to be told I couldn’t get in to to see one for five weeks I couldn’t help but laugh. She said if it’s an emergency the doctor could ring me back so i explained to the receptionists my problem and she classed it an emergency appointment . So I waited all day with my phone next to me only to have a phone call from the receptionists to say the doctor had been called out on an emergency and would call me back in the morning. So all day I waited yet again for a phone call from the doctor, eventually the next day I received a missed call at 6.50 in the evening with a message from my GP apologising for the delay , and could I ring the following morning to see if I can get in because it’s clear I need to see a doctor. I do understand doctors are really busy but to me this is ridiculous . So I have now decided to. Change to a different doctors surgery which is a real shame because I’ve been at this surgery for 25 years.
Previously, a New York appeals court had also ruled that a couple was allowed to sue a fertility clinic for emotional distress after the clinic implanted the female plaintiff’s embryo in another woman, and although neither of the plaintiffs suffered physical injuries, the appeals court ruled that the couple had suffered substantial emotional injury due to the defendants’ breach of their duty of care.
A no-fault system may provide compensation to people who have medical outcomes that are significantly worse than would be anticipated under the circumstances, or where there is proof of injury resulting from medical error, without regard to whether or not malpractice occurred. Some no fault systems are restricted to specific types of injury, such as a birth injury or vaccine injury.
Breaking up with your doctor is not a choice most people take lightly, but there may come a time when it's the single best decision for you and your health. Some patients have had complaints that have been mounting over the years. Others decide to fire their doctor after one heated episode - perhaps because of a missed diagnosis like Della Casa, a disagreeable interaction, or a health concern that was dismissed.
I also told the truth about my lie because I have been helping some of these plaintiffs’ lawyers with their cases. It seems that the courtroom is not the arena for adjudication of medical right or wrong. I shared my story to give an explicit example of why you can’t always rely on physician testimony in court. I think that’s the big reason. There’s got to be a different way to help people who have been medically harmed. Looking to the legal system is like mixing oil and water.
Calitz explains that to bring a successful medical malpractice claim, you need to prove that the treatment you received deviated from a particular “standard of care”, and that it was the deviation (which can be an act or omission) from this standard that resulted in harm. The “standard of care” is defined as what a reasonably prudent medical provider would or would not have done under the same or similar circumstances.
There is a cap on non-economic damages for medical malpractice arising out of acts or omissions on or after April 11, 2003. The basic cap is the larger of $250,000 or three times economic damages, subject to a maximum of $350,000 per plaintiff and a maximum of $500,000 per occurrence. These maximum amounts increase to $500,000 per plaintiff and $1 million per occurrence if the plaintiff has suffered permanent and substantial physical deformity, loss of use of a limb, loss of a bodily organ system, or permanent physical injury that prevents self-care. Ohio Rev. Code Ann. § 2323.43. The cap does not apply to cases brought under the wrongful death statute, Ohio Rev. Code Ann. § 2323.43(G)(3), but it does limit recovery by a decedent’s estate for such non-economic damages as conscious pain and suffering experienced prior to death.
at no point did I mention that he does not believe that the medicine is not in my best interest. He claimed he did not know about the illness which is absurd and insulting to the intelligence. I have been around doctors plenty, and know more than the average person about digestive problems. I have seen doctors in the US and overseas. no one, not even the newbies said that they do not know about it. everyone knows it and knows the treatment for it. That is why I am extremely upset about being turned away and want him to be held accountable for not treating a patient. I could careless about getting money out of him and if I do I would put most of to research of this disease. About the comment about going out on a limb, the medications I have do not contain any narcotics or any substance that is addictive or gives any kind of high. I also brought a bag with all my medications. that been said, am I to understand that since there are sting patients a guy like me who has blood coming out of his body every day should go untreated or even checked on the very least. That does not make any sense. These has to be a law somewhere that protects people from that kind of behavior.
A word of caution on the types of medical errors described below: Keep in mind that just because a doctor made a mistake or a patient was unhappy with a course of treatment or its outcome, that doesn't mean malpractice necessarily occurred. In order to meet the legal definition of medical malpractice, the doctor or medical provider must have been negligent in some way -- meaning the doctor was not reasonably skillful or competent, and that incompetence harmed the patient. (To learn more about what does and does not constitute medical malpractice, see Nolo's article Medical Malpractice Basics.)
I see why malpractice insurance is high. I think in many cases it's the attitude that goes along with the malpractice that leads to legal action being taken. I understand that that's not always the case, and sometimes it is simply an accident. However, I know in my family's situation had there been even a tiny morsel of remorse by the physician who treated my grandfather he wouldn't have had to travel to the state capitol. Misreading the fuzzy xray may have been an accident, but sending my grandfather home unable to walk or care for himself, in terrible pain with no pain medication for his broken hip was not an accident. We didn't profit from it, but the physician did have to get an attorney/attorneys when he faced the medical board - so you can blame people like him for the increase in your rates. Had he said he was sorry and not been such an a-- to my grandfather he wouldn't have had to go try to defend himself. He lost, by the way. Had to pay a fine and take some classes. He probably deserved more than he got, but it was something.
If you qualify for compensation in the form of damages paid, you will most likely receive ‘Compensatory Damages’. These are based on your financial losses as a result of the malpractice including medical bills for extra treatment and earnings lost during your recovery period. Non-economic damages are intended as compensation for psychological, physical harm and distress.
Medical malpractice is professional negligence by act or omission by a health care provider in which the treatment provided falls below the accepted standard of practice in the medical community and causes injury or death to the patient, with most cases involving medical error. Claims of medical malpractice, when pursued in US courts, are processed as civil torts. Sometimes an act of medical malpractice will also constitute a criminal act, as in the case of the death of Michael Jackson.
If you file a complaint with the medical board and then file suit, know that the medical board can only take administrative action against the doctor’s license to practice medicine. It can’t help you pursue a medical malpractice case. It also can’t disclose any information that it collects during the course of its review with you or your family members.
Once the claimant has satisfied the pre-suit investigation and notice requirements, the claimant may be able to file a medical malpractice lawsuit in the Florida court system. In order to prevail in a medical negligence case against a doctor, the claimant has the burden of proof. This burden may be difficult to meet, given that there is often a presumption that the doctor acted reasonably and properly under the circumstances.
This is easy to calculate in terms of Morphine Equivalent Milligram Doses (aka – MME, MMD – there are plenty of free calculators out there) and the conversion is common in palliative and end of life care – it however is / was NOT common in non-cancer chronic pain patients, where it should be. This is how you get these results in the stories above of patients on abnormally high pill counts where they could have been switched from one med that was no longer controlling their pain to another that will (and there are enough different variants that they can continue this rotation as needed near – indefinitely in most patients).
All this speculation about what might happen to the UK’s health services isn’t getting us anywhere. Since a high proportion of the staff in the NHS are fairly left-wing socialist sympathisers I don’t think any radical transfer of our hospitals to private companies is going to happen as any government that tried to do it would soon be out of office.
Loss of wages is capped at three times the Average Weekly Earnings published by the Australian Bureau of Statistics. Most injured people are not caught by this provision as it requires a gross salary of more than $140,000.00. Claims for lost superannuation entitlements are only allowed at the compulsory employer contribution rate (currently 9% of your salary).
Bipolar symptoms dont normally “go away ” without some mental help , either of drugs or as an outpatient in a hospital but as you say you have to be diagnosed first Bez to get treatment . Your doctor , unless he has degrees in psychiatry has not the qualifications to judge and must refer you to a specialist . If you are refused treatment there are many mental health charities that I can provide to take up your case . Go down to the surgery , kick up a fuss about it , at the very least it will get them thinking and get beyond the “SS” guard at the reception . I have on many occasions had to be strong in my communications with surgeries to get help both for me and my wife , I dont take no for an answer when it comes to health luckily the message sinks in and it has saved my life and my wife,s on several occasions. Get back and let me know how you get on Bez , I know about depression etc and also the serious effects it an have on your life .
Sue -thats a painful condition ,hope you dont need it taken out as it isnt a small operation ,at least not in my day when a female relative had to get her,s removed ,big scar. It did mean she had to watch what she eat after that . Your post interests me because of the 2 week wait and I am doing a survey to see if camerons unofficial –treat young people first– is the reason . I dont want to know your age but does this aspect apply to you. ? I dont frequent GP,s surgeries usually keeping a “stiff upper lip ” but I thought at least I would get sent to a hospital for stones in the kidney,s ,it took a week to pass them ,you can imagine the pain ,all he gave me were pills and “keep drinking “I thought that was the “end ” .
You must make your claim against the correct person or entity. In some cases, you would sue the doctor directly, but in other cases you might sue the hospital or health care system. In Washington, D.C. you have three years from the date of injury to file a medical malpractice lawsuit. You must make sure that you take action immediately when you have been injured at the hands of a trusted physician or another medical care provider.
The doctrine of contributory negligence eventually evolved, in some states, into a system of comparative fault that permitted recovery on a completely relative scale. Thus, in an accident one could be 90 percent at fault for one’s own personal injury and still sue to recover the 10 percent of the damages suffered that were caused by the other party.
While some medical errors are readily apparent, many times a serious hospital error is not immediately obvious. You may have a suspicion that you or your loved one has been harmed by a hospital’s substandard care. In most instances, you will need to have your medical records reviewed by independent medical experts to determine whether a preventable hospital error occurred.
As fear over “spurious claims” grew, and the lucrative nature of malpractice payouts became clear, legislation began to account for the concept of shared fault in medical malpractice claims. Many states arrived at the conclusion that a medical professional was not always exclusively responsible for the injury incurred. The doctrines of contributory and comparative fault allow the jury to assess the claim and assign a correct amount of blame to plaintiff as well as the defendant. Allowing fault to be shared promotes responsibility for both parties.
"The opinion upholding the judgment recognizes that although not every fiduciary relationship will give rise to a claim for damages, where the specific professional responsibility of an attending physician is to convey accurate information, then failure to do so can give rise to liability if the physician's breach results in unusual and extreme emotional distress on the part of the plaintiff," Raynes said in an email, according to AMN.
According to the Institute of Medicine, up to 98,000 people die in hospitals in the United States every year as a result of medical errors that could have been prevented. These medical errors are the eighth leading cause of death in the United States, which is higher than motor vehicle accidents. Victims of medical malpractice and their family members do have legal rights to sue a hospital in the event that negligent medical care causes an injury or death.
An average person does not know how to correctly file a report against a doctor who has committed medical malpractice. Further complicating matters is the fact that each state has its own procedure for filing complaints against physicians. Generally, you should file the complaint with your state’s medical board. Each state has its own medical board and its own forms and requirements for filing complaints against doctors.
We consider all cases on a Conditional Fee Agreement (CFA), also known as a No Win No Fee agreement. This means that if you are not successful in pursuing your claim, we will not charge you any of our base legal costs. If we are successful with your claim, we submit the costs which we have incurred in pursuing the claim to the defendant/s and or their insurers. We are also entitled to charge a success fee, which will be deducted from your recoverable damages at the end of the claim. However, we can offer a competitive success fee and our aim will always to beat a success fee offer by any other firm. This means that we aim to beat the terms offered by other law firms and you will receive more of your compensation.
Being unhappy with your treatment or the results of that treatment does not mean the doctor is liable or guilty of medical malpractice. The doctor must have been negligent in connection with your diagnosis or treatment. To sue for malpractice, you must be able to show that the doctor caused you harm in a way that a competent doctor would not have if they were treating you under the same circumstances. The doctor’s care is not required to be the best possible, merely “reasonably skillful and careful”. Whether the doctor was reasonably skillful and careful is often at the heart of a medical malpractice claim.
According to a study by the Department of Health and Human Service's Agency for Healthcare Research and Quality found that one in ten patients that die within 90 days of a surgery are killed because of a preventable error. When medical malpractice occurs, not only are patients' lives adversely affected, so are their pocket books. According to the Department of Health and Human Service's study: